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Mayor&rsquo;s defence argues for broad freedom to speak on campaign trail, and that the company was named, not George Foulidis.

Mayor Rob Ford is escorted to his car by two court officers during a break in the proceedings. (CARLOS OSORIO / TORONTO STAR) | Order this photo

George Foulidis (second from right), owner of the Boardwalk Pub in the Beach, arrives at court for the first day of his $6 million libel trial against Mayor Rob Ford. (CARLOS OSORIO / TORONTO STAR) | Order this photo

Shortly before 10 a.m. Monday, Mayor Rob Ford and a handful of his staff arrived at 330 University Ave. court to hear the case against him. The trial will likely last longer than the four days originally scheduled because Ford is "unavailable" on Wednesday and Thursday afternoon.
He is expected to testify Friday.
(ROBYN DOOLITTLE SKETCH)

Mayor Rob Ford arrives at a Toronto courthouse Tuesday afternoon following a lunch break. Ford is in court facing a libel charge for making corrupt comments about a controversail restaurant lease.

By Robyn DoolittleUrban Affairs Reporter

Thu., Nov. 15, 2012

Mayor Rob Ford’s legal team argues that comments he made about corruption at city hall during the 2010 campaign were made in the public’s interest and that politicians must be allowed to speak freely on controversial issues.

This is the backbone of Ford’s defence in the $6 million libel case which began Tuesday. The suit was brought against Ford two years ago by restaurateur George Foulidis, whose family runs the Boardwalk Pub in the Beach.

Initially, the trial was supposed to last only four days, but the mayor is “unavailable” Wednesday and Thursday afternoons. Ford twice refused to comment on why he could not attend his trial, although the high school football team he coaches has an important game at 2 p.m. Thursday in Scarborough. This will probably push the hearing well into next week.

In his opening statement, Ford’s lawyer Gavin Tighe argued that the Supreme Court has recognized politicians have the right to “ventilate” issues of public importance. This is especially important during an election, he argued.

“It is critical, in my submission, to a free and democratic society that people know frankly where candidates stand on issues,” said Tighe.

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Tighe noted that in the past decade a public inquiry into computer leasing contracts found evidence of corruption between elected officials and business people.

“We can’t divorce ourselves from the historical perspective,” he said. “All of this comes in light of the Bellamy report and the MFP scandal, where sole-source contracts and non-competitive bid processes dealing with the City of Toronto were the subject of substantial political and public issue.”

According to two of the country’s top experts on libel law, it’s a strong defence argument.

“It seems to me that during an election campaign, talking about important public issues, the defence should be given a great deal of latitude,” said lawyer Brian Rogers, speaking generally on the issues raised in the trial, not the actual testimony.

Lawyer Julian Porter, who spoke under the same conditions, said the Supreme Court has concluded: “You can be obstinate, pig-headed, extreme, but if you believe what you say, your opinion doesn’t have to be reasonable. Your opinions are all part of the freedom of debate if it’s a matter of public interest.”

At the heart of this case are statements Ford made while running for mayor. At the time in 2010, city hall was embroiled in a debate about sole-sourced contracts and the Boardwalk Pub deal was at the centre of that firestorm.

Back in 2006, councillors voted to renew the 20-year lease held by the Foulildis family’s company, Tuggs Inc., without seeking outside bidders. When the final details came back to council before the election, the Foulidises felt their deal was unfairly politicized.

On the campaign trial, Ford made comments to The Jerry Agar Show, saying, “I truly believe” someone was getting money under the table in connection with that contract. Ford also suggested to the Toronto Sun that the process was corrupt, saying: “It’s confidential and I wish you guys knew what happened behind closed doors.”

The author paraphrased Ford as saying the deal smacks of civic corruption — Ford denies he suggested this to the reporter.

As a back-up strategy, Tighe made the argument that if anything, Ford was talking about Tuggs Inc., not Foulidis. At no time was the Foulidis name mentioned.

Tighe urged Judge John Macdonald not to consider Tuggs and Foulidis one and the same.

“That is a stretch to which the law has never gone,” he said.

Further, in a potentially damaging twist for Foulidis’ case, Tighe noted that even if a libel against Tuggs is a libel against its owner, George Foulidis isn’t the technical owner. Its business registration lists Foulidis’ brother, Danny.

Foulidis’ lawyers said this was just a mix-up and that Foulidis is absolutely the “face” of the company.

Both Rogers and Porter said that what’s important is whether Ford’s comments are obviously “concerning” Foulidis.

“You have to look at the words. Do they truly apply to the individual plaintiff?” asked Porter.

Meanwhile, in his opening statement to the court, Foulidis’ lawyer, Brian Shiller, argued that his client was left with no choice but to sue, given Ford’s comments and refusal to apologize.

“Mr. Foulidis was left with no choice but to go public” following the “blatant attacks on his integrity,” Shiller said in his opening statement.

Shiller described his client as a hardworking entrepreneur and family man, who immigrated to Canada at age 9 and went on to build the Boardwalk Pub from the ground up, investing millions into the property.

After Foulidis launched the suit, Ford said he never meant to suggest corruption on the part of the Foulidis family, but he has also refused to apologize and withdraw the statements.

Ford, who was expected to take the stand Wednesday before news of his afternoon conflict disrupted the schedule, will probably testify Friday. The mayor was in court all day Tuesday, quietly taking notes and listening attentively.

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